These are difficult times. But Fresno mayor’s coronavirus rules are not ‘authoritarian’

The quotes were tucked at the end of a story by Bee staff writer Brianna Calix last Friday outlining Fresno Mayor Lee Brand’s latest order for residents to shelter at home until May 6 due to the COVID-19 pandemic.

Fresno City Councilman Garry Bredefeld was upset over the order, and criticized Brand for being heavy handed and “authoritarian.”

Brand is usually thought of as a conservative, as is Bredefeld. But authoritarian? Isn’t that a term to describe leaders like Vladimir Putin, Kim Jong-Un and Xi Jinping?

Back to Calix’s story: “Whether it’s Brand arbitrarily shutting down many ‘non-essential’ businesses that could remain open following CDC guidelines, or it’s threatening people with fines who are already complying with social distancing, we are witnessing authoritarian local government in real time,” Bredefeld told her.

Worried about freedoms

He echoed the same point in a Tuesday interview. He said Brand has acted in an arbitrary fashion to close certain businesses, like clothing or furniture stores, while allowing bigger operations like Target to sell groceries, as well as clothing and furniture.

Bredefeld was also upset that Brand ordered up to a $1,000 fine and up to a year in jail for worst offenders of the directive to shelter at home.

The councilman, whose 6th District is in Fresno’s northeast side, also chafes under city and state orders for churches not to meet in person during this time (most are conducting services online), and has been alarmed at efforts by some law officers around the state to shut down gun stores as nonessential.

The rights to worship freely and bear arms are deeply American and should not be violated, Bredefeld explained. Give government an inch, he said, and it will take a mile under the guise of a public emergency.

Civil liberties in the time of the COVID-19 pandemic are being discussed more frequently as the pandemic wears on.

Before pondering weighty constitutional matters, however, I called Brand for a response. His answers were grounded in practicality.

Fresno approach

“This pandemic hopefully is a once-in-a-lifetime thing we are dealing with. The shelter in place and social distancing clearly lower the probability (of infection) and slows the course of the virus,” he said.

Being aggressive about keeping people apart early on, Brand said, results in minimizing the number of infections and resulting hospital stays, meaning less stress on the local medical system. And more than anything, it is meant to save lives.

Yes, there are the specter of fines and jail time, Brand said. But his approach is voluntary compliance, and Fresnans have done a good job of protecting themselves by remaining in their homes. “Not one person has gotten a fine for having three people within six feet of each other,” he noted.

Data would indicate Fresno has charted a strong course. As of late Tuesday, Fresno County had 251 residents test positive for COVID-19. Seven people had died. The city of Fresno represents more than half of the county’s population of 1 million.

By contrast, Tulare County, with less than half of the population, had 296 positive cases and 13 deaths, though about half of those are from one nursing home.

The measures in place now will hasten the end of the pandemic locally, and that will let Fresno return to normal faster, Brand said. What does he hope the city looks like six months from now?

“I want a Fresno with under 10 percent unemployment. Restaurants open. You can go to a ball game. All the normal stuff people do. The sooner we get though this deal, the better. When I turn the city over to Jerry Dyer on Jan. 1, I want us back on track. I am confident we will get by this.”

Civil liberties

It is a real stretch to consider Lee Brand an authoritarian. Have he and the City Council taken extraordinary steps to deal with a virus the likes of which the world had never seen? For sure. But there are reasons for that.

Brand has listened to state and local experts and has done his best to lead. Most Fresnans would recognize the sheltering orders for what they are — temporary, long-arm reaches of government to deal with a highly unusual time.

It is worthwhile for Bredefeld to remind us of our cherished civil liberties as Americans. But his remarks come off as strident, and distract from city efforts to keep Fresnans safe.

Harvard University law Professor Charles Fried said in a March 25 Harvard Gazette report that the uniqueness of COVID-19 allows for governments to take unusual measures. “So much about this is unique: the extreme danger, the unpredictability, the fact that it is everywhere.” The compelling basis for government response, he said, is the public health emergency.

It would be dereliction of duty for Brand not to try to keep Fresno safe. Thankfully, he has embraced his responsibility in this time of testing.

This story was originally published April 16, 2020 at 5:00 AM.